Terms of business

I. Validity

For all reciprocal claims in connection with a conclusion of an agreement between the customer and Antikhaus Insam concerning the mail order business these terms of business in the version which is valid at the point in time of the respective conclusion of the agreement are in force. They also form a frame for all further legal transactions between the parties to the contract.

II. Conclusion of an agreement

2.1 Prerequisite for an effective conclusion of an agreement is that the customer is capable of contracting. In case of an offer from a non-capable natural person, Antikhaus Insam does not have to accept a sanction from the legal representative but has the right to withdraw within a period of two weeks after the information of the non-capability.

2.2 The agreement is achieved by the acceptance of the order by Antikhaus Insam. The customer relinquishes a confirmation of acceptance. The agreement of the conclusion is either confirmed by Antikhaus Insam via confirmation or through the delivery of the ordered goods at the latest. If the customer orders via internet, Antikhaus Insam will electronically confirm the receipt of the orders immediately.

III. Right of withdrawal

3.1 In case of a default of acceptance or an important reason, especially concerning wrong information about the credit-worthiness, Antikhaus Insam has the right to withdraw from the contract. In case of arrears Antikhaus Insam has the right to withdraw from the agreement and (after an adequate deadline) to claim compensation because of non-compliance.

3.2 In case of spelling-, printing- and arithmetic errors on the website Antikhaus Insam has the right of withdrawal.

IV. Purchase price

All the price information Antikhaus Insam provides on the website includes the value added tax which is valid at the day of the presentation of the bill. Final prices published by Antikhaus Insam are valid until revocation or declaration of new prices.

V. Settlement date, payment and arrears

The purchase price is due at once before the delivery by Antikhaus Insam. The customer has to pay the purchase price in the mode of payment which is indicated in the order or in the confirmation of order.
In case of arrears, Antikhaus Insam has the right to claim interest payable on arrears (5 % above the respective basic interest rate). If a higher damage through arrears is demonstrable, Antikhaus Insam has the right to assert this.

VI. Delivery, transport, default of acceptance

6.1 The prices published by Antikhaus Insam do not include prices for delivery and transport insurance. If the customer wishes, Antikhaus Insam provides or organizes these obligations against extra payment. The bill will include payments for transport and delivery as well as an adequate extra charge, at least the freight charges valid at the delivery day of the chosen mode of transport including sufficient transport insurance.

6.2 If the customer did not accept the goods as it was agreed upon, Antikhaus Insam has the right (after a deadline without result) to store the goods in an authorized haulage contractor - the customer being responsible for the payment and the risk. At the same time Antikhaus Insam has the right to insist on performance of the agreement or, after setting an adequate deadline of at least two weeks, to withdraw from the treaty and to use to goods differently.
Compensation claims according to III/3.1 are untouched.

6.3 If no specific mode of transport is agreed upon, the goods are delivered from the stockroom to the address the customer gave. The danger transition happens as soon as the delivery has left the business of Antikhaus Insam. This is also the case if goods are delivered in parts. Information about the delivery period is not binding if no delivery date was exceptionally agreed upon.

VII. Charging to somebody's account, keeping back

The customer's right to charge something to somebody's account is only valid if the counter claims have been legally assessed or accepted by Antikhaus Insam. Furthermore, the authorization for keeping back is only valid in so far as the counter claim is based on the same agreement.

VIII. Reservation of proprietary rights

Antikhaus Insam reserves the proprietary rights concerning all goods delivered to a customer until the final and complete payment of the goods delivered. If Antikhaus Insam replaces goods within the framework of the guarantee, we agree upon this today that the proprietary rights concerning these goods reciprocally pass from the customer to Antikhaus Insam or vice versa at the point in time when Antikhaus Insam receives the goods from the customer respectively when the customer receives the replacement delivery from Antikhaus Insam.

IX. Guarantee

9.1 Antikhaus Insam guarantees that the products' composition is the one agreed upon or that they are free from faults at the point in time of the handing over which means that they are apt for the use agreed upon in the contract or for usual use and that their composition is of the kind which is common for goods of the same sort and which can be expected by the seller. Information concerning age, quality and material is given according to our best knowledge.

9.2 The customer has (immediately after the receipt of the goods) to check the delivery if it is complete or maybe faulty; at the latest within one week after receipt. In case of a deviation the customer will at once send a fault report. In case of non-obvious faults the report of the hidden fault has to be sent within a period of three working days.

9.3 In case of a fault the customer has the right to claim either the removal of the fault or the delivery of a good without faults. Antikhaus Insam has the right to refuse the later fulfilment chosen by the customer if only inadequate payments would make this possible. Is the removal of the fault after a repair still not successful at the second try, the customer has the right to claim the delivery of a faultless good or to reduce the purchase price or to withdraw from the agreement. A withdrawal is impossible if the fault is small or irrelevant.

9.4 Compensation claims because of faults of the objects are only possible if Antikhaus Insam hid the faults fraudulently or gave a guarantee for the composition of the goods.
Antikhaus Insam is only liable in cases of intent and culpable negligence.

9.5 Prerequisite for the guarantee claims is that the fault has not come to existence because of having been put to improper use or overtaxing. The seller is not liable for improper use or storing of the sold goods by the customer. The customer is advised to secure sufficient air humidity because in rooms with central heating and low moisture level furniture or paintings are likely to suffer. If a fault is detected later than six months after the handing over, the customer has to prove that the object was faulty at the transition of the risk. Otherwise Antikhaus Insam has the right to prove that the good was faultless at the handing over.

X. Data protection, change of address

The customer agrees that the data of the agreement concerning the customer are processed and saved automation subsidized. The customer has to report changes of his or her address and e-mail address as long as the legal transaction is not completely fulfilled. If the report does not come, declarations are seen as delivered if they have been sent to the latest known address. All information can be delivered electronically to the customer by Antikhaus Insam.

XI. Choice of law, place of fulfilment and court of jurisdiction

11.1 German law is applied to the legal relationships between Antikhaus Insam and the customers as well as to the respective terms of business. The application of the UN-agreement about treaties concerning international purchase from the 11th of April 1988 is impossible.

11.2 The rulings of 11.1 leave compelling arrangements of the law of the country where the customer usually resides untouched if the customer has concluded an agreement which can not be subsumed under the professional or commercial activities of the customer and if the customer fulfilled the legal acts necessary for the conclusion of the agreement in the country of his usual residence.